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Introduction:

Waqf is a unique institution in Islamic law where personal property is donated by Muslims for religious, charitable, or other specified purposes. The ownership of such property is considered to rest with God, while its benefits are directed towards the designated beneficiaries.

Waqf properties can be established through a written deed, oral declaration, or based on long-term use for religious or charitable purposes. Once declared, the status of a Waqf property is irreversible and cannot be altered.

Body:

Governance of Waqf:

  • Waqf properties in India are governed under the Waqf Act of 1995, with the legal framework for managing Waqfs dating back to the Muslim Waqf Validating Act of 1913.
  • Post-independence, the Central Waqf Act of 1954 was enacted, later replaced by the Waqf Act of 1995. Amendments in 2013 further strengthened the law, making encroachment on Waqf properties a punishable offense with imprisonment of up to two years. The law also
  • prohibits the sale, gift, exchange, mortgage, or transfer of Waqf property.
  • The Waqf Act mandates the appointment of a survey commissioner to document all Waqf properties through local investigations and public records.
  • Waqf properties are managed by a mutawalli (caretaker), akin to the management of trust properties under the Indian Trusts Act of 1882.

Recent Proposed Amendments:

The proposed amendments aim to rename the Waqf Act of 1995 to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.

New provisions include:

  • Section 3A: Prohibits the creation of Waqf unless the person is the lawful owner of the property, addressing issues of illegitimate dedication of property.
  • Section 3C(1): Asserts that government property identified as Waqf, before or after the Act’s commencement, will not be considered Waqf property.
  • Section 3C(2): Empowers the government to determine if a property given as Waqf is government land, with the decision made by the jurisdictional Collector.
  • The Bill also allows the central government to audit any Waqf property at any time, with auditors appointed by the Comptroller and Auditor-
  • General of India or a designated officer.
  • The concept of “Waqf by use” is proposed to be removed, redefining how a property is deemed under Waqf possession.

Conclusion:

  • The Bill also proposes changes to the composition of Waqf Boards in states, including the possibility of appointing a non-Muslim CEO and at least two non-Muslim members.
  • A Waqf Board, headed by a chairperson and including nominees from the state government, holds the authority to administer Waqf properties, recover lost properties, and sanction the transfer of immovable Waqf properties through sale, gift, mortgage, exchange, or lease.
  • These changes aim to modernize and streamline the governance of Waqf properties while ensuring transparency and accountability.
Legacy Editor Changed status to publish September 4, 2024